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IPR Import Restrictions: Mirrors, Digital Cameras, Magnetic Tape Cartridges

Thursday, May 04, 2017
Sandler, Travis & Rosenberg Trade Report

Mirrors. The International Trade Commission has instituted investigation 337-TA-1055 to determine whether imports of mirrors with internal illumination and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants Electric Mirror LLC and Kelvin 42 LLC request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Canada and the U.S.

Digital Cameras. The ITC is requesting comments no later than May 12 on any public interest issues raised by a complaint filed on behalf of Carl Zeiss AG and ASML Netherlands B.V. alleging that the importation, sale for importation, and sale within the U.S. after importation of digital cameras, software, and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainants would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

Magnetic Tape Cartridges. The ITC is requesting comments no later than May 12 on any public interest issues raised by a complaint filed on behalf of Sony Corporation, Sony Storage Media Solutions Corporation, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc. alleging that the importation, sale for importation, and sale within the U.S. after importation of magnetic tape cartridges and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion orders and cease and desist orders requested by the complainants would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

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